ORD20151394-Fireworks-Final
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1394
AN ORDINANCE TO AMEND CHAPTER 9
SECTION 9.03,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Fireworks)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 9, Section 9.03, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.(Ord. #1367 – 02-12-2013)
(1) STATE LAWS ADOPTED. The current and future statutory provisions of Wisconsin
Statute, Section 167.10, regulating the sale and use of fireworks, except in so far as this
ordinance is more restrictive as to use, exclusive of any provision therein relating to
penalties, are hereby adopted by reference and made part of this code as though fully
set forth herein. Any future additions, amendments, revisions or modifications of
Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this
code, except in so far as this ordinance is more restrictive as to use.
(2) SALE OF FIREWORKS.
(a) The sale of “fireworks”, as that term is defined in Section 167.10(1), Wisconsin
Statutes, is prohibited within the City of Muskego.
(b) The sale of those items defined in Section 167.10(1)(e), (f), (i), (j), (k), (l), (m) and
(n), Wisconsin Statutes, shall only be allowed after the seller of those items has
been issued a license by the City of Muskego for that purpose. The license shall
be issued pursuant to the provisions of Section 12.03 of the City of Muskego
Municipal Code, and the provisions, procedures and conditions of that section
shall apply, with the exception of the license fee. The fee for a license issued
under this section shall be a $50.00 daily fee or an annual license fee of $500.00
to compensate for investigating and monitoring sellers and enforcing the
provisions of this section.
(3) USE OF FIREWORKS.
(a) Prohibited Without a Permit. The use of fireworks, as that term is defined in
Section 167.10(1), Wisconsin Statutes, is prohibited in the City of Muskego
unless the fireworks are used pursuant to a group user permit or individual user
permit issued by the City of Muskego, according to the provisions of Section
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167.10 (3), Wisconsin Statutes and all of the requirements and limitations of this
Section 9.03.
(b) Group User Permit. A group user fireworks discharge permit application may be
made by: a public authority; a fair association; an amusement park; a park
board; a civic organization; a group of individuals that are all residents of the City
of Muskego; of an agricultural producer for the protection of crops from predatory
birds or animals. Such application may be made pursuant to Section 167.10 (3)
(c), Wisconsin Statutes, and shall be subject to all terms of this Section 9.03. For
group users, a pyrotechnic professional must discharge the fireworks and the
applicant or sponsoring organization must have liability insurance naming the
City of Muskego as additional insured in the amount of $1,000,000.00 bodily
injury to one person, $2,000,000 for injury to more than one person, and
$1,000,000 for damage to property. The application must specify the name and
address of the requested permit holder, the date on and after which fireworks
may be purchased, the general kind and approximate quantity of fireworks which
may be purchased, the date and location of the proposed use, and the name,
address and telephone number for the pyrotechnic professional that will
discharge the fireworks. If the application is from a group of individuals, the
location of the proposed use must be owned by one of the members of the
group, and this ownership of the location must be stated on the application. A
certificate of insurance in a form approved by the City Attorney shall be provided
prior to the discharge of any fireworks, evidencing all of the required insurance
coverage. A separate application must be submitted for each day use is
intended.
(c) Individual User Permit. An individual user fireworks discharge permit application
may be made by any owner and resident of real property in the City of Muskego,
for intended discharge on such applicant’s property. Such application may be
made pursuant to Section 167.10(3)(c), Wisconsin Statutes, and shall be subject
to all applicable terms of this Section 9.03. Such use is restricted to the
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following dates: July 3, 4 or 5 each year, subject to the following. If the 4 of
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July falls on a Monday or Tuesday, the Saturday before will be allowed. If the 4
of July falls on a Wednesday or Thursday, the Saturday after will be allowed.
The application must specify the name and address of the requested permit
holder, the date on and after which fireworks may be purchased, the general kind
and approximate quantity of fireworks which may be purchased, the date and
location of the proposed use, and the name, address and telephone number for
the individual responsible for the discharge of fireworks. A separate application
must be submitted for each day use is intended. All permit applications under
this subsection must be filed between May 1 and June 30, unless earlier
submission is required to allow for Public Safety Committee review pursuant to
Section 9.03(3)(d)(7).
(d) Restrictions and Limitations. In addition to all other requirements of this Section
9.03 and applicable State laws, any use of fireworks shall be subject to the
following requirements:
1. Wind velocity. Wind velocity at the time of use shall not be more
than 15 miles per hour as recorded by the U.S. Weather Bureau,
Milwaukee, Wisconsin.
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2. Wind direction. Wind direction at the time of use shall be away
from buildings or other combustible materials and structures and
shall not carry fireworks onto any adjoining buildings or cause
annoyance or danger to other persons or property.
3. Fire prevention. Sufficient firefighting implements and personnel
shall be available at the scene to control any fire that may be
caused by the fireworks.
4. Hours. Fireworks may only be used between 4:00 P.M. and 11:00
P.M.
5. Responsibility on Permitted Property. For property that is subject
to a fireworks permit, only the individual or professional
designated on the permit application may discharge fireworks.
Such individual or professional is responsible in case of a
violation, jointly and severally with the permit holder and property
owner, and any or all of these parties may be cited for the
violation.
6. Responsibility on Non-Permitted Property. For property that is not
permitted for the discharge of fireworks, if fireworks are
discharged the actual person that caused the illegal discharge is
responsible for the violation if such person is identified to the
City’s satisfaction. If the City cannot determine to its satisfaction
the actual person that caused the illegal discharge, the owner or
occupant of the property where the discharge occurred will be
presumed to have caused the discharge, or to have aided or
abetted the discharge, and shall be held responsible for the illegal
discharge and may be cited for the violation. Such presumption
may be rebutted only by credible evidence to show that the owner
or occupant of the property had no knowledge of the fireworks
being on the property at any time prior to the discharge, and that
the owner or occupant of the property fully cooperated with the
City in trying to identify the actual person who caused the illegal
discharge. If the actual person that caused the illegal discharge is
a minor child, the parents of the minor child shall be held
responsible along with the minor child, and may be cited for the
violation.
7. Public Safety Committee Review. The City of Muskego Public
Safety Committee shall review certain fireworks permit
applications. This review applies when the application includes an
applicant, property owner, or person designated to discharge
fireworks, who has been convicted of any citation issued under
this section in the prior year, or was the subject of a written
complaint filed with the City within one week of a permitted
fireworks discharge in the prior year, or was issued a written
warning from the City police department for a fireworks discharge
violation in the prior year. For individual permit applications
subject to this Safety Committee Review requirement, the
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applications must be submitted after April 1 and prior to May 1 of
the year in which discharge is intended, to allow for this review.
For group permit applications subject to this requirement, the
applications must be submitted at least 30 days prior to the
requested event, to allow for this review. The failure of an
applicant that is subject to this Safety Committee Review
requirement to submit their application in a timely manner, or to
appear before the Committee, will result in the application for a
permit being denied.
8. No sale. No person in the possession of fireworks pursuant to this
section may resell those fireworks in the City of Muskego.
9. Permit availability. The permit the city issues for the use of
fireworks must be made available upon request of a police officer.
In accordance with state statute, a copy of a permit shall be given
to the municipal fire and law enforcement official at least 2 days
before the date of authorized use, and the Clerk is responsible for
doing so.
10. Fee. A fee for said permit shall be established from time-to-time
by resolution of the City of Muskego Common Council and must
be submitted at the time of application. (Ord. #912 – 03/20/97)
11. Temporary ban. The Mayor, upon recommendation of the Fire
Chief because of extreme dryness or drought, may in the Mayor’s
discretion declare a temporary ban on fireworks. No fireworks
may be discharged during a declared ban. Any permit which
would otherwise allow discharge on a date during such ban is
automatically revoked, subject to the following. Such permittee
may apply for a new discharge date after the ban is lifted without
incurring a new fee. For individual user permits, if any of the
possible discharge dates of Section 9.03(3)(c) are during the ban,
the Common Council shall have the authority, but not the
obligation, to establish additional discharge dates which would
apply only to those permittees who were not able to discharge
fireworks on their permitted dates due to the ban.
12. Acceptance of risk. All fireworks discharge permits issued in the
City are issued subject to the possibility that discharge may be
prohibited, even if the permit is issued, due to the restrictions and
limitations of this ordinance. All applicants accept this risk and
shall be solely responsible for all consequences of the same, by
their submittal of the application.
(4) SEIZURE AND DESTRUCTION OF FIREWORKS.
In addition to, and not to the prejudice or exclusion of such other penalties and remedies
as may apply, fireworks stored, handled, sold, possessed or used by a person who
violates the terms of this ordinance may be seized and held as evidence of the violation.
In the event a person is convicted of violating this ordinance all fireworks seized shall be
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destroyed pursuant to the provisions of Section 167.10(8)(b), Wisconsin Statutes, and
any license or permit issued to the person under this section shall be revoked.
SECTION 2: The several sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any
other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby
repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage and
publication.
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PASSED AND APPROVED THIS 27 DAY OF JANUARY , 2015.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First Reading: January 13, 2015
_________________________
Clerk-Treasurer
1/2015
Newly Enacted Ordinance Published: February 5, 2015